California has just proposed a sweeping new rule to permanently ban intoxicating hemp products — and Texas may soon follow, as Governor Greg Abbott (R) faces a June 22 deadline to sign or veto a similar bill.

On June 13, the California Department of Public Health (CDPH) published proposed rules that would formalize the state’s emergency ban by forbidding “detectable THC” in any hemp-derived food, beverage, or dietary supplement intended for human consumption.  These rules, expected to be finalized later this summer, would continue a policy that has already emptied store shelves of hemp-based THC products such as gummies and drinks.

California Governor Gavin Newsom (D) issued the emergency ban on September 6, 2024, after observing hemp-derived intoxicants being sold at a retail chain near his house. Newsom said the ban was necessary to protect California’s children from dangerous hemp products. 

The new rule requires that industrial hemp food, beverage, and dietary products intended for human consumption have no detectable THC or other intoxicating cannabinoids per serving, create a minimum age to purchase hemp products of 21, and limit the number of servings of hemp products to five per package.

June 13 marked the beginning of a 45-day Public Comment Period on the rule that will conclude on July 28. 

“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said when he proposed the emergency rule. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

Since November 2024, the prohibition has remained in effect, with near-total compliance among businesses, according to the state’s Alcoholic Beverage Control agency.

In February, IVN reported on a comprehensive investigation released in California that revealed that most so-called “hemp” products on the market today in that state are neither natural nor compliant with state or federal law.

The report, titled The Great Hemp Hoax, was conducted by Groundwork Holdings, Infinite Chemical Analysis Labs, the United Food and Commercial Workers Western States Council, and a licensed private investigator. Their findings were staggering: 95% of tested hemp products contained synthetic cannabinoids, even though such compounds are banned under California law.

These substances, often used in vapes and gummies marketed as “hemp,” can be up to 30 times more potent than naturally occurring THC and are associated with serious health risks, including seizures, psychosis, and even death.

Despite the legal threshold of 0.3 percent THC for hemp under federal law, over half the products tested exceeded that limit. 

When held to California’s stricter “Total THC” standards, 88% of products failed. One so-called hemp gummy contained 325 milligrams of THC per serving—32 times the legal limit for cannabis edibles in the state. Vape products were even worse, with average THC levels more than double California’s adult-use cannabis limits.

The permanent ban in California will support the regulated cannabis market. It has been welcomed by segments of California’s licensed cannabis industry, which has long viewed hemp-derived THC as an unregulated competitor that skirts the high taxes and stringent testing requirements imposed on cannabis products.

IVN recently reported that Tennessee enacted its own restrictions in May, with a law that will severely limit the production and sale of intoxicating hemp products beginning in 2026.

Now, all eyes are on Texas.

On May 26, the Texas Senate gave final approval to Senate Bill 3 (SB3), which would ban the manufacture, sale, and possession of hemp-derived intoxicants. The bill now sits on Governor Abbott’s desk, and he must decide whether to sign or veto it by the end of this week.

SB3 would outlaw widely available compounds like delta-8 and THCA, and impose new licensing requirements and oversight for even non-intoxicating cannabinoids like CBD and CBG. A compromise amendment would expand the state’s medical cannabis program to include chronic pain, terminal illness, and hospice care — and allow for more licensed dispensaries.

“We are not banning hemp,” said Rep. Tom Oliverson (R-Cypress), who led the bill in the House. “We are banning high.”

The bill has strong support from Texas Lt. Gov. Dan Patrick who has accused the unregulated hemp industry of wanting to “hook a generation of young people.”

As The New York Times reported, lobbyists opposed to the ban have bombarded Governor Abbott with messages urging a veto.

California, Texas and Tennessee’s actions are part of a growing national push to address what federal lawmakers and state regulators have described as a gaping loophole in the 2018 Farm Bill, one that has enabled widespread sales of edibles and other psychoactive hemp products with little oversight